The Lawyer's Daily: Newshttps://www.thelawyersdaily.ca/News?utm_source=rss&utm_medium=rss&utm_campaign=section
Latest articles for: NewsCopyright 2019 LawyersDailyen-USFri, 13 Sep 2019 17:01:55 +0000Senior civilian RCMP official faces rare national security charges https://www.thelawyersdaily.ca/articles/15190?utm_source=rss&utm_medium=rss&utm_campaign=section
https://www.thelawyersdaily.ca/articles/15190The director-general of an intelligence unit within the RCMP faces national security and criminal charges, the Mounties revealed on Sept. 13.Fri, 13 Sep 2019 13:43:52 +0000LSO maintains scope of practice for paralegals, law students on summary convictionshttps://www.thelawyersdaily.ca/articles/15178?utm_source=rss&utm_medium=rss&utm_campaign=section
https://www.thelawyersdaily.ca/articles/15178The Law Society of Ontario (LSO) has approved measures to preserve the work paralegals, law students and lawyer licensing candidates do on summary convictions in the wake of Bill C-75.Fri, 13 Sep 2019 08:58:11 +0000Alberta launches challenge of federal environmental assessment legislationhttps://www.thelawyersdaily.ca/articles/15151?utm_source=rss&utm_medium=rss&utm_campaign=section
https://www.thelawyersdaily.ca/articles/15151Alberta will once again find itself in court to fight Ottawa after it announced it was asking the provincial Court of Appeal to look at the federal government’s recently passed environmental assessment legislation, but a law professor is saying the challenge will likely be an unsuccessful one.Thu, 12 Sep 2019 13:34:15 +0000Ontario’s top judges unite in defence of legal aid, pro bono https://www.thelawyersdaily.ca/articles/15150?utm_source=rss&utm_medium=rss&utm_campaign=section
https://www.thelawyersdaily.ca/articles/15150The chief justices from Ontario’s top three courts banded together on Sept. 10 at the opening of the courts to stress the importance of legal aid, pro bono and the need for the courts to control their own resources.Thu, 12 Sep 2019 11:30:59 +0000Restriction on homegrown cannabis ruled unconstitutional by Quebec Superior Courthttps://www.thelawyersdaily.ca/articles/15144?utm_source=rss&utm_medium=rss&utm_campaign=section
https://www.thelawyersdaily.ca/articles/15144A Quebec Superior Court ruling that struck down the provincial ban on homegrown cannabis may set the stage for another constitutional legal battle over the province’s proposed strict draft regulations on cannabis edibles, according to legal experts.Thu, 12 Sep 2019 08:50:06 +0000New B.C. treaty policy will be as effective as political will to implement it, lawyer sayshttps://www.thelawyersdaily.ca/articles/15111?utm_source=rss&utm_medium=rss&utm_campaign=section
https://www.thelawyersdaily.ca/articles/15111Members of the legal community in British Columbia are hailing a new policy for negotiating treaties with First Nations in the province as a step forward in advancing reconciliation, but say issues remain that could lead to complications down the road.Wed, 11 Sep 2019 15:34:22 +0000LSO repeals Statement of Principles, replaces it with acknowledgement of human rights laws https://www.thelawyersdaily.ca/articles/15116?utm_source=rss&utm_medium=rss&utm_campaign=section
https://www.thelawyersdaily.ca/articles/15116After multiple votes on several motions, the Law Society of Ontario (LSO) has come to a decision on the Statement of Principles (SOP).Wed, 11 Sep 2019 13:13:09 +0000Federal Court of Appeal provides clarity on leave motions in Trans Mountain ruling, lawyer sayshttps://www.thelawyersdaily.ca/articles/15110?utm_source=rss&utm_medium=rss&utm_campaign=section
https://www.thelawyersdaily.ca/articles/15110The latest court ruling on the Trans Mountain pipeline project might well be remembered in legal circles for the surprising twists that occurred in the case and in the decision itself.Wed, 11 Sep 2019 11:39:30 +0000Ontario fraud office ‘a step in the right direction’: lawyerhttps://www.thelawyersdaily.ca/articles/15051?utm_source=rss&utm_medium=rss&utm_campaign=section
https://www.thelawyersdaily.ca/articles/15051Observers are applauding the Ontario government’s efforts to combat white-collar crime such as securities and real estate fraud, which they say often requires complex resources beyond what traditional law enforcement can muster.Wed, 11 Sep 2019 08:57:06 +0000Defence lawyers’ group not happy with end to ‘trier’ jury selectionhttps://www.thelawyersdaily.ca/articles/15089?utm_source=rss&utm_medium=rss&utm_campaign=section
https://www.thelawyersdaily.ca/articles/15089Contrary to Justice Canada, a voice for criminal defence lawyers says the impending elimination of “triers” to weed out biased jurors and the handing over of that job to judges will further bog down the courts.Tue, 10 Sep 2019 14:35:57 +0000Chief Justice Morawetz sworn in, recounts how news of appointment was a happy surprise https://www.thelawyersdaily.ca/articles/15084?utm_source=rss&utm_medium=rss&utm_campaign=section
https://www.thelawyersdaily.ca/articles/15084Contrary to custom, Justice Geoffrey Morawetz may have been the last to know of his appointment to the role of chief justice of the Superior Court of Justice of Ontario as the news release announcing the honour was sent before the Minister of Justice and Attorney General of Canada, David Lametti, could get in touch with him.Tue, 10 Sep 2019 13:20:56 +0000Railway loses battle over liability in Quebec Appeal Court rulinghttps://www.thelawyersdaily.ca/articles/15081?utm_source=rss&utm_medium=rss&utm_campaign=section
https://www.thelawyersdaily.ca/articles/15081In a setback for the rail industry, Canadian railways will unlikely be able to strike confidential agreements to ship goods that exclude liability or limit them to trivial amounts if damage or loss is sustained, following a recent Quebec Court of Appeal ruling.Tue, 10 Sep 2019 09:16:19 +0000‘Absurd consequences’ if government position on restructuring prevailed, Alberta Appeal Court sayshttps://www.thelawyersdaily.ca/articles/15013?utm_source=rss&utm_medium=rss&utm_campaign=section
https://www.thelawyersdaily.ca/articles/15013A majority on the Alberta Court of Appeal has ruled that remittances to the federal government don’t take ultimate priority over payments to a court-appointed monitor and others in a business restructuring case, but a legal expert is saying the decision raises questions of statutory interpretation that could find their way to the Supreme Court.Tue, 10 Sep 2019 09:01:46 +0000Art dealer made ‘false representation’ on Morrisseau painting, damages owed, court ruleshttps://www.thelawyersdaily.ca/articles/15050?utm_source=rss&utm_medium=rss&utm_campaign=section
https://www.thelawyersdaily.ca/articles/15050The Ontario Court of Appeal has allowed an appeal over a contested Indigenous painting ruling that the trial judge erred in rejecting evidence “based on his own personal research” and misapprehending the evidence of the contract between the parties.Mon, 09 Sep 2019 15:14:19 +0000N.S. Court of Appeal guides use of international law in child protection case https://www.thelawyersdaily.ca/articles/14990?utm_source=rss&utm_medium=rss&utm_campaign=section
https://www.thelawyersdaily.ca/articles/14990Nova Scotia’s Appeal Court has highlighted guidelines for using international conventions to supplement domestic law, says a lawyer after a judge was found to have erred in applying a United Nations treaty to decide a child protection case.Mon, 09 Sep 2019 14:34:46 +0000Hiring Indigenous faculty priority for new Lakehead dean; prof questions school’s ability to fulfil mandatehttps://www.thelawyersdaily.ca/articles/15019?utm_source=rss&utm_medium=rss&utm_campaign=section
https://www.thelawyersdaily.ca/articles/15019The Bora Laskin Faculty of Law at Lakehead University has experienced its ups and downs over the past year and a half with the departure of the much lauded Angelique EagleWoman, the first Indigenous woman law dean in Canada, and the appointment of its interim dean, Ontario Superior Court Justice Patrick Smith, ending after barely three months.Mon, 09 Sep 2019 08:55:12 +0000Ontario Appeal Court sets ‘standard’ on interpreting labour termination clauses, says lawyer https://www.thelawyersdaily.ca/articles/15016?utm_source=rss&utm_medium=rss&utm_campaign=section
https://www.thelawyersdaily.ca/articles/15016The Ontario Court of Appeal has provided employment lawyers in the province with what some view as a definitive guide to interpreting termination clauses in employment agreements.Fri, 06 Sep 2019 14:54:40 +0000Confusion remains over Hague Convention, SCC hybrid approach to child residence, lawyer sayshttps://www.thelawyersdaily.ca/articles/14992?utm_source=rss&utm_medium=rss&utm_campaign=section
https://www.thelawyersdaily.ca/articles/14992The Ontario Court of Appeal’s decision on a Hague Convention application in a family dispute has not provided clarity on the hybrid approach to habitual residence established by the Supreme Court of Canada, counsel said. Lawyers involved in the case noted the decision highlights the confusion surrounding Hague matters and the need for the hybrid approach to “evolve.”Fri, 06 Sep 2019 14:14:00 +0000Momentum Summit pushing gender equality forward, says OBA past presidenthttps://www.thelawyersdaily.ca/articles/15010?utm_source=rss&utm_medium=rss&utm_campaign=section
https://www.thelawyersdaily.ca/articles/15010For the Ontario Bar Association’s (OBA) immediate past president, Lynne Vicars, the Momentum Summit is a culmination of all the work the organization has done in the past year to advance gender equality in the legal profession.Fri, 06 Sep 2019 12:58:37 +0000Federal Court okays IRB’s use of jurisprudential guides on facts but disapproves ‘statements of expectation’ https://www.thelawyersdaily.ca/articles/15014?utm_source=rss&utm_medium=rss&utm_campaign=section
https://www.thelawyersdaily.ca/articles/15014In a decision expected to be appealed, the Federal Court has approved the use by the Immigration and Refugee Board (IRB) of “jurisprudential guides” containing factual determinations; however, the court also declared unlawful and inoperative accompanying “statements of expectation” that improperly fetter board members’ discretion to reach their own conclusions on matters of fact.